Module 6.3: Judgment as A Matter of Law, JNOV, and New Trial
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- Опубліковано 3 гру 2024
- This video is just one of 30 videos in Quimbee.com's lecture on Civil Procedure, which examines the various types of jurisdiction, such as personal jurisdiction, diversity jurisdiction, supplemental jurisdiction, and removal jurisdiction; how a suit is initiated, from the complaint and service of process to the motion to dismiss, joinder, interpleader, and discovery; the resolution and judgment phase of a suit, including res judicata and collateral estoppel; and the Erie Doctrine and how courts decide whether to apply federal or state law to a particular case.
"Civil Procedure" table of contents:
1. Introduction
Opening Remarks
2. Personal Jurisdiction and Location
Minimum Contacts
Purposeful Availment
Fairness as a Doctrinal Matter
General and Specific Jurisdiction
Presence, Domicile, Consent, & Quasi in Rem Jurisdiction
Long Arm Statutes
Fighting Personal Jurisdiction and Full Faith and Credit
Venue
Inconvenience: When It's Just Not Fair
3. Access to Federal Court
Introduction to Subject Matter Jurisdiction
Arising Under Jurisdiction
Diversity Jurisdiction
Supplemental Jurisdiction
Removal Jurisdiction
4. State Law and the Erie Doctrine
Erie in a Nutshell
Choice of Law
Separating Substance from Procedure
5. Initiating the Litigation
Complaint and Service of Process
Amendments and Relation Back
Motion to Dismiss
Answer
Joinder and Intervention
Counterclaims and Crossclaims
Interpleader
Sanctions
Discovery and Privilege
6. Resolution and Judgment
Dismissal
Summary Judgment
Judgment as a Matter of Law, JNOV, and New Trial
Appeal
Res Judicata (Claim Preclusion)
Collateral Estoppel (Issue Preclusion)
7. Conclusion
Closing Remarks
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JNOV is now RJMOL
The reason for a 50(b) motion is because the judge is not going to overturn the jury's decision. By having a 50(a) motion be made, the judge isn't overturning the jury's decision, but is instead reviewing their denial of the 50(a) motion to protect rights under the 7th amendment. It's a legal fiction that allows the court to side-step constitutional limitations.
What you said makes no sense.